§2442 — Title 7 Agriculture | U.S. Code

Summary

When an application is refused or the examiner raises an objection or requirement, the Secretary must tell the applicant why and include helpful information and references. If the applicant asks for reconsideration, with or without making changes, the application must be reconsidered. After a mailed decision that is not approval, the applicant has at least 30 days and up to 180 days to take action, or whatever other time the Secretary sets in the decision or allows as an extension. If no extension is granted, the applicant may act up to three months late by paying an extra fee the Secretary sets.

Title 7, §2442

Agriculture — Source: USLM XML via OLRC

(a)Whenever an application is refused, or any objection or requirement made by the examiner, the Secretary shall notify the applicant thereof, stating the reasons therefor, together with such information and references as may be useful in judging the propriety of continuing the prosecution of the application; and if after receiving such notice the applicant requests reconsideration, with or without amendment, the application shall be reconsidered.

(b)For taking appropriate action after the mailing to an applicant of an action other than allowance, the applicant shall be allowed at least 30 days, and not more than 180 days, or such other time as the Secretary shall set in the refusal, or such time as the Secretary may allow as an extension. Without such extension, action may be taken up to three months late by paying an additional fee to be prescribed by the Secretary.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (b). Pub. L. 103–349 in first sentence substituted “mailing to an applicant” for “mailing to him”, “the applicant shall” for “an applicant shall”, “at least 30 days, and not more than 180 days” for “six months”, “the Secretary shall” for “the Secretary in exceptional circumstances shall”, and “as the Secretary may” for “as he may”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.

§2442 Notice of Refusal; Reconsideration